Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 316 contracts
Samples: Indenture (Moog Inc), Indenture (Genco Shipping & Trading LTD), Supplemental Indenture (Vanguard Health Systems Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the imposed duties shall will control.
Appears in 210 contracts
Samples: Indenture (AGY Holding Corp.), Supplemental Indenture (B&G Foods, Inc.), Intercreditor Agreement (Angiotech Pharmaceuticals Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the imposed duties shall control.
Appears in 144 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Oshkosh Corp), Indenture (Cco Holdings Capital Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.
Appears in 94 contracts
Samples: Indenture (Conocophillips), Indenture (Energy Transfer LP), Indenture (Energy Transfer Partners, L.P.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(css.318(c), the imposed duties shall control.
Appears in 88 contracts
Samples: Indenture (Consolidated Container Co LLC), Indenture (Cpi Holding Corp), Indenture (L 3 Communications Holdings Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of Section 318(c)) thereof, the such imposed duties shall control.
Appears in 79 contracts
Samples: Indenture (Arvinmeritor Inc), Indenture (American Oriental Bioengineering Inc), Indenture (Rambus Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall will control.
Appears in 60 contracts
Samples: Indenture (Appvion, Inc.), Supplemental Indenture (Castle a M & Co), Execution Copy (M & F Worldwide Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c), the imposed duties shall control.
Appears in 57 contracts
Samples: Indenture (Tellurian Inc. /De/), Indenture (Jones Energy, Inc.), Indenture (CCBM, Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the imposed duties shall control.
Appears in 48 contracts
Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Indenture (GWG Life, LLC)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the such TIA-imposed duties shall control.
Appears in 41 contracts
Samples: Indenture (Summit Midstream Partners, LP), Indenture (Inergy L P), Supplemental Indenture (Calumet Specialty Products Partners, L.P.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section (S) 318(c), the imposed duties shall control.
Appears in 40 contracts
Samples: Registration Rights Agreement (Appalachian Realty Co), Indenture (Anthony Crane Rental Holdings Lp), Indenture (Elgin National Industries Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c(S)318(c), the imposed duties shall control.
Appears in 39 contracts
Samples: Indenture (Radio One Inc), Indenture (Ipc Acquisition Corp), Indenture (Ocean Energy Inc)
Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 39 contracts
Samples: Indenture (Occidental Petroleum Corp /De/), Indenture (Duane Reade Inc), Indenture (SM Energy Co)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the imposed duties shall will control.
Appears in 36 contracts
Samples: Indenture (Hanesbrands Inc.), Indenture (Johnstone Tank Trucking Ltd.), Supplemental Indenture (Denton Telecom Holdings I, L.L.C.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(css.318(c), the imposed duties shall will control.
Appears in 24 contracts
Samples: Indenture (RathGibson Inc), Indenture (Jordan Industries Inc), First Supplemental Indenture (Jarden Corp)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall will control.
Appears in 17 contracts
Samples: Indenture (Ball Corp), Indenture (Ball Corp), Supplemental Indenture (BALL Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.
Appears in 16 contracts
Samples: Indenture (Salant Corp), Indenture (Hhgregg, Inc.), Indenture (Science Craftsman INC)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the imposed duties shall will control.
Appears in 15 contracts
Samples: Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Indenture (NRG Energy, Inc.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA Section operation of section 318(c)) of the TIA, the imposed duties shall control.
Appears in 15 contracts
Samples: Indenture (Kinetek Inc), Indenture (Ameriking Inc), Indenture (Gfsi Holdings Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section ss. 318(c), the imposed duties shall will control.
Appears in 11 contracts
Samples: Indenture (Paramount Resources LTD), Agreement (National Coal Corp), Indenture (Cca Properties of America LLC)
Trust Indenture Act Controls. If any provision provisions of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA operation of Section 318(c)) of the TIA, the imposed duties shall control.
Appears in 10 contracts
Samples: Supplemental Indenture (Gray Television Inc), Supplemental Indenture (Gray Television Inc), Indenture (Phonetel Technologies Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 10 contracts
Samples: Trico Marine Services (Trico Marine Services Inc), Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)) of the TIA, the imposed duties shall control.
Appears in 9 contracts
Samples: Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.), Indenture (CGG Holding B.V.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA operation of Section 318(c)) of the TIA, the imposed duties shall control.
Appears in 9 contracts
Samples: Indenture (Birds Eye Foods, Inc.), Indenture (Jordan Industries Inc), Indenture (Eagle Picher Holdings Inc)
Trust Indenture Act Controls. If any provision of this Indenture Agreement limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 8 contracts
Samples: Indenture (Sac Holding Corp), Indenture (Amerco /Nv/), Indenture (Amerco /Nv/)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed on any Person by TIA Section 318(c)Sections 310 through 317, inclusive, of the TIA, the duties imposed duties under such Sections shall control.
Appears in 7 contracts
Samples: Indenture (Transition Auto Finance Ii Inc), Subsidiary Agreement (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Ii Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the duties imposed duties by TIA Section 318(c) shall control.
Appears in 6 contracts
Samples: Indenture (Wavetek U S Inc), Operating Agreement (BFC Guaranty Corp), Indenture (Avista Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)) of the TIA, the duties imposed duties by Section 318(c) of the TIA shall control.
Appears in 6 contracts
Samples: Indenture (WSFS Financial Corp), Indenture (Hallmark Financial Services Inc), Indenture (WSFS Financial Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section ss. 318(c), the such imposed duties shall control.
Appears in 6 contracts
Samples: Purchase Agreement (Stage Stores Inc), Indenture (CVS Corp), Purchase Agreement (Stage Stores Inc)
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the imposed duties shall control.
Appears in 6 contracts
Samples: Indenture (McClatchy Co), Indenture (Reddy Ice Holdings Inc), Indenture (Reddy Ice Holdings Inc)
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the imposed duties shall will control.
Appears in 6 contracts
Samples: Supplemental Indenture (Bonanza Creek Energy, Inc.), Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section section 318(c), the imposed duties shall control.
Appears in 6 contracts
Samples: Indenture (Vail Resorts Inc), Indenture (Vail Resorts Inc), Indenture (Aei Resources Inc)
Trust Indenture Act Controls. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)the above paragraph, the imposed duties shall control.
Appears in 5 contracts
Samples: Novink (World Color Press Inc.), Indenture (Vertis Inc), Indenture (Vertis Inc)
Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an "INCORPORATED PROVISION") included in this Indenture by TIA Section 318(c)operation of, Sections 310 to 318 of the TIA, inclusive, such imposed duties or incorporated provision shall control.
Appears in 5 contracts
Samples: Indenture (Intelsat LTD), Covenants (Intelsat LTD), Covenants (PanAmSat Holding CORP)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed which are required to be included in this Indenture by the TIA Section 318(c)310 to 317, inclusive, such duties set forth in the imposed duties TIA shall control.
Appears in 4 contracts
Samples: Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(cSection318(c), the imposed duties shall control.
Appears in 4 contracts
Samples: Indenture (Sygnet Wireless Inc), Covenants (Watermark Realty Inc), Indenture (Wheeling Pittsburgh Corp /De/)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c§ 77rrr(c), the imposed duties shall will control.
Appears in 4 contracts
Samples: First Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision of the duties imposed by TIA Section 318(c)which is required hereunder to be a part of and govern this Indenture, the imposed duties required provision shall control.
Appears in 4 contracts
Samples: Purchase Agreement (Lexar Media Inc), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the imposed duties shall control.
Appears in 4 contracts
Samples: Supplemental Indenture (Sba Communications Corp), Supplemental Indenture (Transdigm Inc), Supplemental Indenture (Sba Communications Corp)
Trust Indenture Act Controls. If any provision of this the Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (PVR Partners, L. P.), Supplemental Indenture (Atlas Energy Resources, LLC), Pacific Telesis Financing Iii
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included herein by any of Sections 310 to 317 inclusive of the duties imposed by TIA Section 318(c)TIA, the imposed duties such required provisions shall control.
Appears in 4 contracts
Samples: Indenture (Vegeterian Times Inc), Indenture (World Color Press Inc /De/), Vegeterian Times Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the such imposed duties shall control.
Appears in 4 contracts
Samples: Credit Agreement (Music123, Inc.), Indenture (CVS Corp), Credit Agreement (Music123, Inc.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c(S) 31 8(c), the imposed duties shall control.
Appears in 3 contracts
Samples: Alliance Laundry Holdings LLC, Avalon Cable Finance Inc, Alliance Laundry Holdings LLC
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the imposed duties shall control.
Appears in 3 contracts
Samples: Second Supplemental Indenture (American Tower Corp /Ma/), American Tower Corp /Ma/, American Tower Corp /Ma/
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)310 through 317 of the TIA, the imposed duties shall control.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Fluidigm Corp), First Supplemental Indenture (Customers Bancorp, Inc.), First Supplemental Indenture (Fluidigm Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c(S)318(c), the imposed duties shall will control.
Appears in 3 contracts
Samples: Indenture (Icon Health & Fitness Inc), Indenture (Ventas Inc), Indenture (Icon Health & Fitness Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the imposed duties shall controlcontrol to the extent required by applicable law.
Appears in 3 contracts
Samples: Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(cSection318(c), the imposed duties shall will control.
Appears in 3 contracts
Samples: Indenture (Clearwave N V), Calpine Corp, DRS Technologies Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section Sec. 318(c), the imposed duties shall control.
Appears in 3 contracts
Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Infinity Inc), Indenture (Charles River Laboratories Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)) of the TIA, the such imposed duties shall will control.
Appears in 3 contracts
Samples: Indenture (Ventas Inc), Ventas Realty Limited Partnership, Ventas Realty Limited Partnership
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section S 318(c), the imposed duties shall control.
Appears in 3 contracts
Samples: License Agreement (Finlay Fine Jewelry Corp), License Agreement (Finlay Enterprises Inc /De), Security and Pledge Agreement (Finlay Enterprises Inc /De)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section S 318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: R&b Falcon Corp, R&b Falcon Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of Section 318(c)) thereof, the upon qualification of this Indenture hereunder such imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Aerojet Ordnance Tennessee Inc), Gencorp Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c(S).318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Americredit Corp), Indenture (Crown Castle International Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the such imposed duties shall control.
Appears in 2 contracts
Samples: Purchase Agreement (CVS Corp), Sterling Chemical Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section (S) 318(c), ) the imposed duties shall control.
Appears in 2 contracts
Samples: Barrett Resources Corp, Barrett Resources Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c31 8(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Salton Maxim Housewares Inc), Cott Corp /Cn/
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall will control.. 88
Appears in 2 contracts
Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)) of the TIA, the imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Duane Reade), Indenture (Duane Reade Holdings Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section '318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Ascent Energy Inc), Indenture (Hyperion Telecommunications Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c§ 77rrr(c), the imposed duties shall will control.
Appears in 2 contracts
Samples: Metropcs Communications Inc, Metropcs Communications Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section (section) 318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Operation and Maintenance Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (section) 318(c), the imposed duties shall control.
Appears in 2 contracts
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section (S) 318(c), the duties imposed duties by TIA (S) 318(c) shall control.
Appears in 2 contracts
Samples: Supplemental Indenture (Encore Industries Inc /Ga), Imperial Credit Industries Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the such TIA-imposed duties shall controlcontrol under this Indenture.
Appears in 2 contracts
Samples: Louisiana Ship Inc, Highwaymaster Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(cSections 1318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA operation of subsection (c) of Section 318(c)318 of the TIA, the imposed duties shall control.
Appears in 2 contracts
Samples: Interface Inc, Kellwood Co
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section Sections 318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Indenture (Orion Power Holdings Inc), Community Health Systems Inc/
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the such TIA-imposed duties shall will control.
Appears in 2 contracts
Samples: Indenture (Tv Filme Inc), Indenture (Claxson Interactive Group Inc)
Trust Indenture Act Controls. If the Trust Indenture Act applies and any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of Section 318(c)) thereof, the such imposed duties shall control.
Appears in 2 contracts
Samples: Birner Dental Management Services Inc, Birner Dental Management Services Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c) (other than, prior to any qualification of this Indenture under the TIA, the limitations, qualifications or conflicts set forth in Sections 9.03, 9.06 and 10.05), the imposed duties shall will control.
Appears in 2 contracts
Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)operation of the TIA, the imposed duties duties, upon qualification of the Indenture under the TIA, shall control.
Appears in 2 contracts
Samples: Indenture (World Color Press Inc /De/), World Color Press Inc /De/
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c), the duties imposed duties by TIA Section 318(c) shall control.
Appears in 2 contracts
Samples: Indenture (Delta Natural Gas Co Inc), Indenture (Delta Natural Gas Co Inc)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 2 contracts
Samples: Supplemental Indenture (Istar Financial Inc), Magellan Health Services Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the imposed duties will control, provided that the provisions under Sections 314(b) and 314(d) shall controlonly apply following qualification of this Indenture pursuant to the Trust Indenture Act.
Appears in 2 contracts
Samples: Indenture (Residential Capital, LLC), Residential Capital, LLC
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the imposed duties shall will control.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)
Trust Indenture Act Controls. If any provision of this Indenture or the Security Documents limits, qualifies or conflicts with the duties imposed by TIA Section 318(css.318(c), the imposed duties shall controlcontrol except as otherwise provided pursuant to Section 11.06 to the extent they cannot be disregarded, pursuant to TIA ss. 314(d).
Appears in 1 contract
Samples: Indenture (Metal Management Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(cS318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Indenture (Iron Mountain Inc /De)
Trust Indenture Act Controls. If any provision of this ---------------------------- Indenture limits, qualifies or conflicts with the duties imposed by TIA Section ss. 318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Envirosource Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall will control.. 77
Appears in 1 contract
Samples: Indenture (Block Communications Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c[section]318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Indenture (Fonda Group Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section /section/ 318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Indenture (Air Rental Supply Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c318 (c), the imposed duties shall control.
Appears in 1 contract
Samples: Key Energy Group Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(css. 31 8(c), the imposed duties shall control.
Appears in 1 contract
Samples: Clearview Cinema Group Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties or rights imposed by TIA Section 318(c), the imposed duties or rights shall control.
Appears in 1 contract
Samples: Niagara Mohawk Power Corp /Ny/
Trust Indenture Act Controls. If any provision of this Senior Subordinated Note Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Ball Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the duties imposed duties shall by TIA §318(c) will control.
Appears in 1 contract
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section Sec. 318(c), the duties imposed duties by TIA Sec. 318(c) shall control.
Appears in 1 contract
Samples: Indenture (Delta Natural Gas Co Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(css.318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Indenture (Ultimate Electronics Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c(S)318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Allbritton Communications Co
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section (Section) 318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Indenture (Eer Systems Inc)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c), the such imposed duties shall control.
Appears in 1 contract
Samples: First Supplemental Indenture (Thornburg Mortgage Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)the TIA, the imposed duties under the TIA shall control.
Appears in 1 contract
Samples: Cke Restaurants Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c)) of the TIA, the imposed duties shall will control.
Appears in 1 contract
Samples: Indenture (Synnex Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section Sections 318(c), the such imposed duties shall control.
Appears in 1 contract
Samples: Indenture (Goss Holdings Inc)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall control.
Appears in 1 contract
Samples: LGI Homes, Inc.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section §318(c), the duties imposed duties by TIA §318(c) shall control.
Appears in 1 contract
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section 318(c), the imposed duties shall control.
Appears in 1 contract
Samples: Affinity Group Holding Inc
Trust Indenture Act Controls. 61- If any provision of this Indenture or the Security Agreement limits, qualifies or conflicts with the duties imposed by TIA Section (S) 318(c), the imposed duties shall controlcontrol to the extent they cannot be disregarded, pursuant to TIA (S) 314(d).
Appears in 1 contract
Samples: Collateral Agency and Security Agreement (Imperial Credit Industries Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA Section § 318(c) (other than, prior to any qualification of this Indenture under the TIA, the limitations, qualifications or conflicts set forth in Sections 9.03, 9.06 and 10.05), the imposed duties shall will control.
Appears in 1 contract
Samples: Indenture (Swift Transportation Co)